The Guiding Case System in Mainland China
Frontiers of Law in China, Vol. 10, No. 3.
26 Pages Posted: 1 Sep 2013 Last revised: 5 Nov 2015
Date Written: August 14, 2013
Since the establishment of the guiding case system in December 2010, the Supreme People’s Court of China has issued 31 guiding cases. This article discusses the background, purposes and functions, ways to function, generation, and effects of the guiding case system. It compares it with ancient Chinese guiding case systems, and the common law system from these perspectives. Upon analysis of these comparisons, I argue that the current guiding case system is neither an extension of the ancient Chinese guiding case systems nor a transplant of the common law system. However, I also argue that the current guiding case system and common law system have the tendency to become more and more similar systems in reality.
Keywords: China, common law, guiding case, ancient China, Chinese law, precedent
JEL Classification: K10, K40, N40, N45
Suggested Citation: Suggested Citation